Harper v. Woodward County Board of County Commissioners et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION and the Magistrate Judge...accordingly the supplemental report and recommendation 17 is adopted and this case is dismissed without prejudice. Signed by Honorable Joe Heaton on 07/25/2011. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DALE E. HARPER,
Plaintiff,
vs.
WOODWARD COUNTY BOARD OF
COUNTY COMMISSIONERS, et al.,
Defendants.

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NO. CIV-10-1394-HE

ORDER
Plaintiff, a state prisoner appearing pro se, filed this action pursuant to 42 U.S.C.
§1983. The court dismissed the case without prejudice on April 15, 2011, due to plaintiff’s
failure to cure certain deficiencies in his motion to proceed in forma pauperis. Plaintiff then
filed a motion to reopen, asserting he had the monies required to pay the filing fee in his trust
fund account.
The court treated plaintiff’s motion as one seeking relief from a judgment under
Fed.R.Civ.P. 60(b), granted it and vacated the March 15, 2011, Order and Judgment.
Plaintiff was directed to submit a completed in forma pauperis application within twenty
days and the matter was again referred to Magistrate Judge Purcell for further proceedings
in accordance with 28 U.S.C. § 636.
The magistrate judge has issued a Supplemental Report and Recommendation stating
that plaintiff has not filed any further pleadings or paid the filing fee. He again recommends
that the action be dismissed without prejudice.
Petitioner failed to object to the magistrate judge’s Report and Recommendation and
thereby waived his right to appellate review of the factual and legal issues it addressed.

United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See
28 U.S.C. § 636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Purcell’s
Supplemental Report and Recommendation and dismisses this action without prejudice.
IT IS SO ORDERED.
Dated this 25th day of July, 2011.

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